Royal Canadian Mounted Police Pension Continuation Act (R.S.C. 1970, c. R-10)

Marginal note:Diversion of payments to satisfy financial support order

• 18.1 (1) When any court in Canada of competent jurisdiction has made an order requiring an officer in receipt of a pension to pay financial support, amounts payable to the officer under this Part are subject to being diverted to the person named in the order in accordance with Part II of the Garnishment, Attachment and Pension Diversion Act.

• Marginal note:Payment deemed to be to officer

  (2) For the purposes of this Part, any payment made pursuant to subsection (1) shall be deemed to have been made to the officer in respect of whom the payment was made.

• (3) [Repealed, 2000, c. 12, s. 285]

Marginal note:Pension to survivor and allowances to children

• 19 (1) Subject to this Part, the Governor in Council may, as to him or her seems fit, grant a pension to the survivor and a compassionate allowance to each of the children of an officer who, having completed ten years of service, was at the time of his death a member of the Force, or who is at the time of his death in receipt of a pension.

• Marginal note:If two survivors

  (2) If the Minister grants a pension to two survivors, the total amount of the pension shall be apportioned between the two survivors in accordance with subsection 25.1(3).

Marginal note:When pension or allowance not granted

20 Such pension or compassionate allowance shall not be granted

• (a) and (b) [Repealed, 1992, c. 46, s. 91]

• (c) if the survivor began to cohabit with the officer in a relationship of a conjugal nature, or married, the officer after the officer retired;

• (d) if, at the time the survivor began to cohabit with the officer in a relationship of a conjugal nature or married the officer, the officer had attained the age of sixty years;

• (e) in the case of an officer who married after the 1st day of July 1902, if he was more than twenty-five years older than his wife; or

• (f) if the officer died within one year after his marriage, unless he was manifestly in good health at the time of his marriage, and his death was caused by disease or injury not due to causes within his own control, and there are no other objections to the granting of the pension or compassionate allowance.

Marginal note:Election for officers

• 20.1 (1) If the person to whom an officer is married or with whom the officer is cohabiting in a relationship of a conjugal nature, having so cohabited for a period of at least one year, could not be granted, by reason of paragraph 20(c) or (d), a pension under section 19 in the event of the officer’s death, the officer may elect, in accordance with the regulations, to reduce the amount of the officer’s pension in order that a pension could be granted to the person under subsection (2).

• Marginal note:Payment

  (2) The Minister shall grant a pension to the person referred to in subsection (1) in an amount determined in accordance with the election and the regulations, if

  • (a) the person was married to the officer at the time of the officer’s death, or was cohabiting with the officer in a relationship of a conjugal nature for a period of at least one year immediately before the officer’s death; and

  • (b) the election is not revoked or deemed to have been revoked.

• Marginal note:No entitlement

  (3) A person who is entitled to receive a pension under section 25.1 after the officer’s death is not entitled to a pension under subsection (2) in respect of that officer.

• Marginal note:Regulations

  (4) The Governor in Council may make regulations respecting

  • (a) the time, manner and circumstances in which an election may be made, revoked or deemed to have been revoked;

  • (b) the reduction to be made in the amount of an officer’s pension when an election is made;

  • (c) the amount of the pension granted under subsection (2); and

  • (d) any other matter that the Governor in Council considers necessary for carrying out the purposes and provisions of this section.

Marginal note:Pension of widow one-half of husband’s pension

21 The pension of a widow shall be,

• (a) if her husband was at the time of his death a member of the Force, an amount equal to one-half of the pension to which he would have been entitled if he had been retired compulsorily immediately before his death; or

• (b) if he was on pension, an amount equal to one-half of such pension.

Marginal note:Rates of allowance to children

• 22 (1) The compassionate allowance to a child shall be

  • (a) in the case of the Commissioner, Deputy Commissioner, or an Assistant Commissioner, eighty dollars;

  • (b) in the case of a superintendent or surgeon, seventy dollars; and

  • (c) in the case of an inspector, assistant surgeon or veterinary surgeon, sixty-five dollars.

• Marginal note:Motherless child

  (2) If the child is motherless, the allowance may be doubled.

Marginal note:Amount to family limited

23 The total amount paid to the survivor and children of an officer during any year shall not exceed the amount of the pension of which the officer was in receipt, or to which he would have been entitled, as the case may be.

• 24 (1) [Repealed, 1992, c. 46, s. 94]

• (2) [Repealed, 1989, c. 6, s. 21]

• (3) [Repealed, 1992, c. 46, s. 94]

Marginal note:No allowance to children over age

25 The compassionate allowance to an officer’s child ceases when the child reaches the age of twenty-one.

Marginal note:Person considered to be the survivor

• 25.1 (1) For the purposes of this Act, when a person establishes that he or she was cohabiting in a relationship of a conjugal nature with an officer or former officer for at least one year immediately before the death of the officer or former officer, the person is considered to be the survivor of the officer or former officer.

• Marginal note:Person considered to be married

  (2) For the purposes of this Act, when an officer or former officer dies and, at the time of death, the officer or former officer was married to a person with whom the officer or former officer had been cohabiting in a relationship of a conjugal nature for a period immediately before the marriage, that person is considered to have become married to the officer or former officer on the day established as being the day on which the cohabitation began.

• Marginal note:Apportionment of pension when two survivors

  (3) When a pension is payable to a survivor and there are two survivors of the officer or former officer, the total amount of the pension shall, subject to subsection (4), be apportioned so that

  • (a) the survivor referred to in paragraph (a) of the definition “survivor” in subsection 2(1) is entitled to receive the proportion of the pension that the total of the number of years that he or she cohabited with the officer or former officer while married to the officer or former officer and the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer so cohabited with the survivors; and

  • (b) the survivor referred to in paragraph (b) of that definition is entitled to receive the proportion of the pension that the number of years that he or she cohabited with the officer or former officer in a relationship of a conjugal nature bears to the total number of years that the officer or former officer cohabited with the survivors, either while married or while in a relationship of a conjugal nature.

• Marginal note:Exception

  (4) If one of the two survivors is found criminally responsible for the death of the officer or former officer or if, when the officer or former officer dies, it is established to the satisfaction of the Minister that one of the survivors cannot be found, the other survivor shall receive the first survivor’s portion, in addition to his or her own portion.

• Marginal note:Death of one of the survivors after apportionment

  (5) When one of the two survivors dies after apportionment, the portion of the pension that would have been payable to the survivor who died shall be paid to the remaining survivor in addition to his or her own portion.

Marginal note:Treasury Board to report

26 No pension or compassionate allowance shall be granted unless the Treasury Board reports that the person to whom it is proposed to grant it is eligible within the meaning of this Part.

Marginal note:Application of Part

27 This Part applies, instead of the Civil Service Superannuation and Retirement Act,

• (a) to every officer appointed to the Force after the 1st day of July 1902; and

• (b) to every officer in the Force who is not subject to Part I or II of the Civil Service Superannuation and Retirement Act.

Marginal note:Deduction from pay under Civil Service Superannuation and Retirement Act

28 Any deduction made from the pay of an officer toward the Civil Service Superannuation Fund or the Civil Service Retirement Fund may, if such officer so elected to accept the provisions of the Mounted Police Officers Pension Act, 1902, be counted as part of the five per cent deduction required by this Part toward making good the pensions aforesaid.

Marginal note:Officers not subject to this Part

29 Part I or Part II of the Civil Service Superannuation and Retirement Act, as the case may be, continues to apply as heretofore to officers who are not subject to the application of this Part.

Marginal note:Dismissal

30 Nothing in this Part affects the right of the Governor in Council to dismiss or remove any officer.

Marginal note:Pension to widow and allowance to children

• 31 (1) Subject to the provisions hereinafter contained, the Governor in Council may grant a pension to the widow and a compassionate allowance to each of the children of any officer who loses his life in the performance of duty, as a result of hardship, accident, misadventure or violence.

• Marginal note:Amount of pension and allowances

  (2) The pension of such widow shall be equal to one-half the pay and allowances that would have been permitted her deceased husband for pension purposes, under this Act at the time of his death, irrespective of whether he had qualified for pension by length of service or not, and the compassionate allowance to each child shall be that stipulated in section 22.

• Marginal note:Limitations not to apply

  (3) The provisions of section 23 do not apply in the case of the widow and children of an officer who loses his life under the conditions set forth in subsection (1).

• Marginal note:Provisions applicable

  (4) Payments of pension or compassionate allowance granted to the widow and children of an officer under this section are subject to sections 24, 25 and 26.

PART IIIConstables’ Pensions

Marginal note:Constable may be required to retire

32 When any constable has

• (a) completed a service of twenty years, or

• (b) completed a service of not less than ten years, and has reached the age limit,

the Commissioner may, with the approval of the Governor in Council, require him to retire upon the terms as to pension prescribed under this Part.

Marginal note:When pensions payable

• 33 (1) Subject to this Part, when any constable

  • (a) has completed not less than ten years of service, and is incapacitated from the performance of his duty by infirmity of mind or body, he may be invalided and granted a pension for life; or

  • (b) has completed not less than twenty years of service, he shall be entitled to retire and receive a pension for life.

• Marginal note:Return to service

  (2) Any constable who receives a pension before he has completed twenty years of service shall be subject to return to service, as provided by this Part, if he ceases to be incapacitated and has not reached the age limit.

Marginal note:Amount of pension

• 34 (1) The pension of a constable on retirement shall be

  • (a) if he has completed ten but less than twenty-one years of service, one-fiftieth of his annual pay and allowances during the last year of his service for every year of service;

  • (b) if he has completed twenty-one but less than twenty-five years of service, an annual sum equal to twenty-fiftieths of his annual pay and allowances during the last year of his service, with an addition of two-fiftieths of such pay and allowances for every completed year of service above twenty years; or

  • (c) if he has completed twenty-five years of service, an annual sum equal to thirty-fiftieths of his annual pay and allowances during the last year of his service with an addition of one-fiftieth of such pay and allowances for every completed year of service above twenty-five years, but the pension shall not exceed two-thirds of such annual pay and allowances.

• Marginal note:Amount of allowances for pension purposes

  (2) The Governor in Council may by regulation determine the amount of allowances for pension purposes to be received by any constable of the Force, and this subsection shall be and be deemed to have been effective from the 1st day of August 1919.